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Articles by Richard Godden

• Claiming For Pavement Trips In Scotland
  The Scottish Government has revealed that on average, 50% of all roads in Scotland require some form of maintenance work. Whether it is potholes, damaged surfaces or protruding tree roots, there are many defective pavements and roads across the country, all of which pose a significant threat to the health and safety of the public.
  Published 04May2012, viewed 48 times

• Forgotten Bank Accounts
  This article contains a description of the new powers of the UK Government to take money from bank accounts which have been inactive for a long time, and to use the funds for good causes.
  Published 03May2012, viewed 20 times

• Negotiating A Commercial Lease
  Before entering into a commercial lease, the tenant and landlord must negotiate the terms of the lease.
  Published 02May2012, viewed 94 times

• Defended Divorce In Scotland
  When you get divorced, you and your ex-partner must agree upon matters such as the grounds of divorce, the division of assets and future child care arrangements.
  Published 30Apr2012, viewed 59 times

• Commercial Lease FAQS In Scotland
  If you are considering entering into a commercial lease in Scotland, you may have a few queries that need answering.
  Published 28May2012, viewed 97 times

• Road Accident Claims Involving Uninsured Drivers
  According to the Association of Chief Police Officers in Scotland (Acpos), uninsured drivers are responsible for around 160 fatalities and 23,000 injuries every year in the UK, costing the taxpayer some £500 million.
  Published 26May2012, viewed 13 times

• The Benefits of Collaborative Family Law
  Collaborative family law is a relatively new method of dispute resolution. It has many advantages over pursuing litigation in the courts, and should be considered by anyone who is in the midst of a contested separation or divorce.
  Published 26May2012, viewed 10 times

• Buying Property In Scotland: Frequently Asked Questions
  We have compiled a list of frequently asked questions, helping you understand the ins and outs of buying a property in Scotland
  Published 11May2012, viewed 72 times

• Mis-Sold Payment Protection Insurance
  This article deals with people's rights to claim compensation if they have been mis-sold Payment Protection Insurance.
  Published 06May2012, viewed 23 times

• Spousal Maintenance
  If you are going through a divorce, you may have concerns about how you are going to survive financially in the future, particularly if you have been dependent upon your spouse's income.
  Published 06May2012, viewed 22 times

• Passenger Whiplash Claims
  If you suffer whiplash in an accident that was not your fault, you are entitled to make a personal injury claim. This is a fundamental legal principle, whereby anyone injured through another person's negligence has the right to recover compensation for the pain and suffering caused.
  Published 06May2012, viewed 24 times

• Cycling Accident Claims
  As a cyclist, you are particularly vulnerable to road traffic accidents. You have a smaller presence on the road, meaning other motorists either fail to notice you, or fail to leave an appropriate amount of distance between you.
  Published 06May2012, viewed 16 times

• Commercial Leases: Limiting Tenant Liability
  When you enter into a commercial lease as a tenant, you will automatically take on a wide array of responsibilities, many of which you will be personally liable for
  Published 06May2012, viewed 85 times

• What Is Collaborative Family Law?
  Collaborative family law is a relatively new concept in Scotland. It aims to help any separating couple (whether married, in a civil partnership or cohabiting) resolve their disputes in an easy and amicable fashion.
  Published 02May2012, viewed 75 times

• SIPPS Pension Guide
  Although SIPPs have been around for some time, they only began to gain popularity in 2006, when pension regulations were simplified. Now many people across Scotland are discovering the advantages of a SIPP, which can prove particularly useful to those wishing to invest in commercial or retail property.
  Published 02Apr2012, viewed 115 times

• Grandparents' Rights To Have Contact With Grandchildren
  This article explores the complex and emotionally difficult area of law where grandparents and other persons with an interest in children seek orders in court which relate to children.
  Published 31Mar2012, viewed 28 times

• Instructing A Solicitor In Divorce Cases
  A divorce is a traumatic time for all those involved. But what can make things even more distressing is the thought of having to tackle the divorce process - many feel intimidated by the legal procedures involved and worry that they will lose their money, property and possibly even their children.
  Published 31Mar2012, viewed 26 times

• Lifting Injuries At Work
  In 2009 to 2010, approximately 40,000 people in Scotland suffered from a musculoskeletal disorder that was either caused or aggravated by work.
  Published 31Mar2012, viewed 42 times

• Ice Slip Claims
  As the temperatures drop and adverse weather condition set in, we invariably see a dramatic rise in the number of people slipping on icy roads and pavements. Such slips often cause serious injury, with broken bones, chipped teeth and head injuries all a very real possibility.
  Published 29Mar2012, viewed 33 times

• Divorce Settlements In Scotland
  When you are going through a divorce, it will be necessary for you and your ex-spouse to reach a divorce settlement. This article will help clarify the finer points of your separation,
  Published 25Mar2012, viewed 89 times

• 10 Step Guide To Buying A Property In Scotland
  The conveyancing process in Scotland differs to the rest of the UK, and it is important to know how it works before you make any type of property transaction.
  Published 23Mar2012, viewed 43 times

• Work Accidents In Scotland
  A workplace accident can occur in any environment; it is not just construction sites and other industrial settings in which employees suffer injury. Indeed, a large portion of accidents at work happen in the office.
  Published 04Mar2012, viewed 50 times

• Genuine Falls And Slippery Claims
  This article discusses claims for damages following slips and trips, and the problems that can arise.
  Published 04Mar2012, viewed 42 times

• Road Traffic Accidents Abroad
  If you are injured in a road traffic accident which was not your fault, you are entitled to claim compensation. But what happens if this accident occurred abroad? Is it still possible to make a claim?
  Published 02Mar2012, viewed 50 times

• Quick Divorce In Scotland
  When facing a divorce, many will understandably want the process to be completed as quickly and as painlessly as possible. But is there is anything that can be done to speed it up?
  Published 29Feb2012, viewed 65 times

• Commercial Property Disputes In Scotland
  If you are in the midst of a commercial property dispute, we understand you will want the matter resolved as quickly as possible. Otherwise it can easily become a drain on resources, causing great anxiety and expense for those involved.
  Published 27Feb2012, viewed 36 times

• Commercial Leases - The Differences Between England And Scotland
  Commercial leasing law in Scotland is completely different to the system in England. So if your business is (or was) based in England but you are considering leasing a premises across the border, you need to ensure you are fully aware of the disparity between the two legal systems
  Published 25Feb2012, viewed 40 times

• What Happens When Cohabiting Couples Separate?
  Nowadays, it is becoming increasingly common for couples to live together as husband and wife without actually being married. This is known as cohabiting, and is enjoyed by thousands of couples across Scotland.
  Published 23Feb2012, viewed 42 times

• Facebook And Family Law
  Millions of people are now on Facebook. This article highlights some of the dangers from a family law viewpoint of sharing private information with all and sundry.
  Published 05Feb2012, viewed 30 times

• Domestic Violence In Scotland
  What is domestic violence and how can a solicitor help?
  Published 05Feb2012, viewed 75 times

• Commercial Leases And Climate Change Regulations
  Commercial Leases and Climate Change - Regulations and Legislation
  Published 05Feb2012, viewed 79 times

• Enforcing Child Maintenance In Scotland
  If you are not receiving the child maintenance to which you are entitled, is there anything you can to about it? Can you enforce payments? And are there steps you can take to help prevent the situation occurring in the first place?
  Published 02Feb2012, viewed 154 times

• Child Whiplash Claims In Scotland
  Statistics show that throughout Scotland, child whiplash claims are much less frequent than adult whiplash claims. Nevertheless, children are just as vulnerable to injury, and have a right to claim compensation if they are harmed in a road traffic accident.
  Published 31Jan2012, viewed 85 times

• Child Education Issues - Education Needs
  Before 2004, children's educational needs were managed according to the special educational needs system. However, in November 2005 the Education (Additional Support for Learning) (Scotland) Act 2004 was issued, marking a complete overhaul of the previous framework.
  Published 29Jan2012, viewed 104 times

• Asbestos Claims In Scotland
  A study carried out by the Health and Safety Executive and Cancer Research revealed that cancer caused by asbestos kills more than 75 people every week in the UK. Alongside cancer there are a number of other asbestos-related diseases which are causing pain and suffering to individuals across Scotland.
  Published 27Jan2012, viewed 68 times

• Buying A Commercial Property - 5 Things To Consider
  If you opt to buy a commercial property rather than lease business premises, you need to consider the following 5 factors.
  Published 25Jan2012, viewed 224 times

• Renewing And Ending A Commercial Lease
  If your commercial lease is coming to an end, you may be hoping to renew the contract. Alternatively, you may be ready to terminate the lease, or even want to end the tenancy agreement early.
  Published 23Jan2012, viewed 144 times

• Commercial Leases: Permitted Use Of Premises
  Commercial Leases: Permitted Use Of Premises
  Published 15Jan2012, viewed 131 times

• Motorcycle Accidents Checklist!
  Motorcycle Accidents - Making a claim for compensation following a motorbike accident?
  Published 15Jan2012, viewed 143 times

• Collaborative Family Law - An Amicable Way For Couples To Separate
  Separating from your former partner can be a stressful process, particularly if children and money are involved. A new procedure which may make the process easier is Collaborative Family Law, which is described here.
  Published 06Jan2012, viewed 58 times

• Child Maintenance In Scotland
  In Scotland, the parent with whom the child lives (known as the parent with care) should receive regular financial support from the other parent (known as the non-resident parent).
  Published 30Dec2011, viewed 47 times

• Supreme Court Rules In Favour Of Asbestos Claims
  Insurance companies who wanted to prevent people in Scotland claiming for an asbestos-related disease have failed in their legal bid.
  Published 28Dec2011, viewed 73 times

• Parental Rights And Responsibilities In Scotland
  The law on Parental Rights and Responsibilities (PRRS) can be confusing, particularly for unmarried fathers. To help you understand your legal position, this article explores PRRs in more detail, explaining what they are, who has them, and how they can be acquired.
  Published 05Dec2011, viewed 117 times

• Compensation For Phone Hacking Is Not Limited To The Rich And Famous
  An account of the ordinary citizen's legal protection against phone hacking and abusive phone calls.
  Published 03Dec2011, viewed 80 times

• How To Make A Personal Injury Claim
  If you have suffered an injury in an accident that was not your fault, you could be entitled to make a personal injury claim. If you are thinking of doing so, read on to find out just how the claims process works in Scotland.
  Published 03Dec2011, viewed 73 times

• Family Mediation In Scotland
  If your relationship is ending in separation or divorce, you and your ex-spouse will be facing a number of decisions. Amongst other things, the division of assets, matrimonial property and the day-to-day care of children will all need to be arranged.
  Published 01Dec2011, viewed 58 times

• Irritancy Of Commercial Leases
  When you enter into a commercial lease, it is vital you understand what is meant by irritancy. This is because it is a very powerful weapon a landlord can adopt to evict a tenant who is breach of their contractual obligations.
  Published 29Nov2011, viewed 68 times

• Accidents On Planes
  Air travel is becoming increasingly important in this day and age, and for the main part is a safe and secure mode of transport.
  Published 27Nov2011, viewed 53 times

• Ending A Commercial Lease
  Commercial leases are a complex area of the law, and terminating a commercial lease can be complicated. That is why whether you are a landlord or a tenant wishing to end a commercial lease, you need to seek legal advice you can trust.
  Published 02Nov2011, viewed 169 times

• Commercial Lease Disputes
  Despite the presence of a written contract outlining the rights and responsibilities of each party, there are still many occasions in which a landlord and his tenant will disagree upon a certain issue.
  Published 31Oct2011, viewed 111 times

• Local Council Statutory Notice Concerns
  Concerns have been expressed about the Statutory Notice system and the way it is being administered in Edinburgh.
  Published 30Oct2011, viewed 54 times

• Financial Provision On Divorce
  Unfortunately not all divorces run smoothly, with many couples unable to agree upon a final settlement. For many, the particular sticking point will relate to financial provision, without which one party may face significant economic hardship.
  Published 30Oct2011, viewed 68 times

• Package Holidays And Accident Claims
  Package holidays have become increasingly popular in recent years, with many discovering the benefits of buying a pre-arranged trip. Unfortunately, however, the package holiday experience does not meet everyone's expectations, as some tour operators are failing to meet their legal responsibilities.
  Published 27Oct2011, viewed 49 times

• Public Place Accidents
  Every year, thousands of people suffer as a result of a public place accident. Often this can have a devastating affect, potentially causing someone to struggle with serious physical harm alongside a loss of financial expenses.
  Published 25Oct2011, viewed 126 times

• The Divorce Process in Scotland
  There are two possible ways of filing for divorce in Scotland - the simplified divorce procedure and the ordinary divorce procedure. Which one you use will depend upon your individual set of circumstances.
  Published 23Oct2011, viewed 84 times

• Industrial Accidents In Scotland
  Statistics published by the National Audit Office show that in 2009-2010, there were 2625 major workplace accidents in Scotland, with 23 fatalities. This is more than that of England and Wales, something which is being attributed to the fact that a large section of the Scottish workforce is employed in high risk jobs.
  Published 07Oct2011, viewed 124 times

• Compensation In Scotland
  If you have been injured in an accident due to the actions (or inaction) of another party, you need to speak to a legal expert without delay. This is because you might be legally entitled to claim compensation for the injuries you have sustained, helping you financially while you get back on your feet.
  Published 05Oct2011, viewed 99 times

• Cohabitation Rights In Scotland
  Couples who live together, or who are 'cohabiting', enjoy certain legal rights and protection in Scotland. Although some of these have been enforced for years, many new rules were introduced under the Family Law (Scotland) Act 2006 which aims to reflect the way families live today. The legislation also extends to same-sex cohabiting couples.
  Published 01Oct2011, viewed 97 times

• Breakdown Of Civil Partnerships In Scotland
  The breakdown of a civil partnership is a testing time. Not only is it emotionally distressing, but often you are left with a hundred and one things to organise. That is why if you are considering applying for dissolution, you need expert legal advice you can trust.
  Published 29Sep2011, viewed 76 times

• "Compensation Culture" - Some Facts
  Insurance companies like to blame lawyers for fuelling a "compensation culture". In fact, if such a culture exists, it is being encouraged by insurance companies and claims companies, as this article explains.
  Published 28Sep2011, viewed 105 times

• Green Leases
  A green lease is a standard commercial lease that includes green leases clauses. Put simply, these clauses state how a landlord and his tenant will commit to good environmental practice.
  Published 25Sep2011, viewed 59 times

• Commercial Subleases
  When a tenant sublets their interest in the lease, there are certain rights, restrictions and legal implications involved. That is why whether you are a landlord, a tenant or subtenant, you need to seek professional legal help well in advance of signing any documents. Otherwise you could find yourself stuck in an unfavourable contract.
  Published 24Sep2011, viewed 61 times

• Rental Arrears Collection
  In this current economic climate, many landlords of commercial properties are finding their tenant's are unable to keep up-to-date with rental payments. This can have a serious knock-on effect, as it is likely a landlord is reliant upon this income, therefore often causing extreme financial concern.
  Published 08Sep2011, viewed 155 times

• Why Get A Pre-Nuptial Agreement?
  Before a couple enter into a marriage or a civil partnership, they may want to consider drawing up a pre-nuptial agreement to set out how assets should be divided should their relationship breakdown in the future.
  Published 06Sep2011, viewed 136 times

• Personal Injury - An Overview
  If you have suffered an injury as the result of someone else's mistakes, then you will probably have many questions running through your mind, such as: How are you going to pay for medical expenses? How will you cope if you cannot return to work?
  Published 04Sep2011, viewed 110 times

• Evicting a Tenant From Commercial Property
  When a tenant of a commercial property falls behind on their rent, it is likely a landlord's patience will quickly run thin and action will be taken to obtain the outstanding debt. This can either be done through the courts, or by other means (such as summary diligence or contacting the guarantor).
  Published 02Sep2011, viewed 87 times

• Civil Partnerships
  As of 5 December 2005, same-sex couples have been able to formalise their relationship by way of registering a civil partnership.
  Published 31Aug2011, viewed 78 times

• Road Traffic Accidents
  Every year there are thousands of accidents on Scotland's roads. Sadly, many of these result in an injury being sustained, whether it is to a driver, passenger or pedestrian. In any event, if you have suffered because of a road traffic accident that was not your fault, you should seek legal advice without delay, as you may be entitled to compensation.
  Published 29Aug2011, viewed 97 times

• Lease Drafting
  If you are about to enter into a commercial leasehold, you need to take care when drafting the terms of the contract, or you could encounter difficulties in the future.
  Published 08Aug2011, viewed 181 times

• Rent Reviews - How The Process Works
  Within a lease for commercial premises, it is more than likely terms and conditions for rent reviews will be included. This permits a landlord to assess the sum of rent paid at regular intervals, often after every three or five years.
  Published 06Aug2011, viewed 162 times

• Workplace Accidents
  A recent report revealed work accidents in Scotland in 2010 cost £187 million, despite the fact the Health and Safety Executive has strict regulations in place to prevent such events from happening.
  Published 04Aug2011, viewed 141 times

• Children in Divorce and Separation
  Going through a divorce or separation is always a difficult time, and will be made all the distressing if there are children involved. In such cases, it is essential arrangements for their future care are settled as quickly and as painlessly as possible.
  Published 02Aug2011, viewed 179 times

• Out-Of-Court Settlements - The Best Way Forward?
  In this article Richard Godden explains some of the advantages of settling a claim out of court.
  Published 01Aug2011, viewed 165 times

• Divorce in Scotland
  If you are considering getting a divorce, you may feel daunted at the long legal process that can potentially be involved. A divorce lawyer can help you from the beginning, providing guidance and support at every step.
  Published 31Jul2011, viewed 101 times

• Slip and Trip Accidents
  Slip and trip accidents unfortunately happen all too frequently, making up nearly a third of all injuries reported to the Health and Safety Executive. While some slip and trip accidents arise due to unforeseeable circumstances, there are many cases in which liability can be placed upon another individual or organisation. In such an event, it is possible to make a personal injury claim.
  Published 29Jul2011, viewed 84 times

• Landlord and Tenant Rights and Obligations
  Whether you are a landlord of a commercial property, or you are a tenant leasing a business premises, you need to be aware of your rights and obligations. In Scotland these are defined within the terms of lease, and so seeking advice from a legal expert before you sign a contract is essential.
  Published 14Jul2011, viewed 107 times

• Assignment of Lease to a New Tenant in Edinburgh
  Assigning a lease permits a tenant of business premises to be free of their contract before the specified date. Whether you are a landlord or a tenant, if you are handling the assignment of lease you need to seek expert legal advice.
  Published 13Jul2011, viewed 106 times

• How To Claim For Whiplash In Edinburgh
  With around 1,200 whiplash claims processed everyday, whiplash accounts for nearly £2 billion worth of payouts by insurance companies in the UK every year. So if you are one of the many people that has suffered whiplash as a result of an accident that was not your fault, how exactly do you make a claim?
  Published 10Jul2011, viewed 75 times

• Separation In Edinburgh
  The breakdown of a marriage or civil partnership is a distressing time for all the family, often leaving you with a number of issues to resolving. Deciding upon factors such as the division of assets, contact with children and financial support may be reached amicably, or you may find yourself in a dispute with your ex-spouse.
  Published 10Jul2011, viewed 78 times

• Whiplash Claims In Edinburgh
  Around 300,000 road traffic accidents happen every year in the UK, with three quarters of these involving a whiplash injury. With such a high frequency rate, it is likely that if you have been in a road traffic accident, you have suffered from the effects of whiplash. If this has happened to you, contact your solicitors to discuss what action you can take next.
  Published 10Jul2011, viewed 75 times

• Child Family Law In Edinburgh
  Family law in Scotland covers a vast range of issues, many of which involve children. Such legal matters need to be handled sensitively and professionally, ensuring the needs of a child are put first and foremost.
  Published 10Jul2011, viewed 78 times

• Top Ten Tips for Protecting Your Assets So As To Provide For Your Retirement
  In this article we explain how to manage your assets so as to provide properly for your retirement, and how to ensure that your family will benefit afterwards.
  Published 02Jul2011, viewed 95 times

• Your Right To Compensation For A Poorly Wrapped Holiday Package
  In this article Richard Godden explains your consumer rights to make a claim if you have had a bad experience on holiday, or on a package holiday.
  Published 05Jun2011, viewed 150 times

• A Message For Non-Resident Parents Subject To A Child Support Agency Order
  From April 2011 important changes are being gradually made to the Child Support Agency rules, which will affect how much the non-resident parent will have to pay. This article explains some of the changes to the rules and enforcement procedures.
  Published 04May2011, viewed 126 times

• Edinburgh Firm Of Solicitors Finds Fame In Popular Fiction
  Alexander McCall-Smith, bestselling author, has been mentioning a real Edinburgh firm of solicitors in his latest book in the 44 Scotland Street series, much to their delight.
  Published 01Apr2011, viewed 127 times

• Are You About To Enter Into A Commercial Lease?
  In this article commercial landlords and commercial tenants are given advice on the sort of things to watch out for if you are going to enter into a lease of business premises.
  Published 05Mar2011, viewed 187 times

• Trouble With A Faulty Or Late Christmas Item?
  Richard Godden briefly outlines UK law on dealing with faulty or late-arriving Christmas items.
  Published 09Feb2011, viewed 134 times

• New Protection For Home Owners In Mortgage Arrears
  A new Act of the Scottish Parliament has given added protection to homeowners on the brink of repossession. In this article, Richard Godden explains the main new provisions.
  Published 22Jan2011, viewed 263 times

• Ten Top Tips For A Happy Christmas
  A light-hearted look at the sort of marital problems the Christmas season often brings, and which tend to bring on divorces in January.
  Published 03Jan2011, viewed 212 times

• Arbitration Just Got Easier
  Arbitration is generally seen as an alternative method of resolving a dispute, and possibly cheaper than going to court. In this article the new Arbitration (Scotland) Act 2010 is considered.
  Published 02Dec2010, viewed 154 times

• Gazumping And Gazundering
  Why Gazumping and Gazundering are not generally speaking dangers for house buyers and sellers in Scotland.
  Published 08Nov2010, viewed 416 times

• Holidays From Hell
  Each year a lot of people return from their holidays with tales of "My Holiday from Hell". This article tells you what your rights may be to claim compensation.
  Published 30Sep2010, viewed 191 times

• Contact And Other Rights For Relatives Other Than Parents
  In this article Sheila Byth of McKay Norwell, solicitors, Edinburgh explains how relatives other than parents can also apply to the courts for contact with children in the family.
  Published 08Sep2010, viewed 172 times

• Can You Really Remove The Fear Of Financial Disaster If Your Legal Claim Fails?
  The biggest risk in going to court is the potentially huge cost of losing. This article explains how it is now possible to get affordable insurance which takes away that risk.
  Published 07Aug2010, viewed 176 times

• Vehicle Damage Due To Poor Road Surfaces - Pot(hole) Luck Or Do You Have A Claim?
  What happens if your car suffers damage as a result of a pothole in the road? Can you claim compensation for the damage or do you have to make a claim against your insurance?
  Published 07Jul2010, viewed 207 times

• Should You Tell If The Neighbours Are From Hell?
  One of the worst problems a buyer or seller of a house has to worry about is the "Neighbours from Hell". The seller does not want to put the buyer off by telling him too much about his nasty neighbours. The buyer does not want to move into an unpleasant neighbourhood. This article deals with the legal position.
  Published 27May2010, viewed 186 times

• It's Unlawful for Councils to Give Litter Complaints the Brush Off
  An account of how members of the public in Britain can force their local council to clean up their street, and go to court if necessary.
  Published 09Mar2010, viewed 214 times

• Protection of Assets For the Elderly - You Earned It, Now Make sure you Keep It
  Richard Godden, a Scottish Solcitor, advises on the steps elderly clients should take to protect their assets and make sure they get the maximum benefit out of them.
  Published 12Feb2010, viewed 314 times

• Bullying in the Scottish Workplace
  Bullying in the Scottish workplace causes a great deal of grief for employees every year. This article examines possible legal remedies which may be open to employees finding themselves in this position.
  Published 15Jan2010, viewed 230 times

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